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To be safe put "Attorney-Client Communication", "Privileged and Confidential" or "Attorney Work Product" in the subject of the e-mail, or on privileged documents.
The dominant purpose for the creation of the document must have been its intended use in actual or reasonably contemplated litigation; 3. the communication must have been confidential; and 4. there must not have been any waiver of confidentiality.
The federal attorney-client privilege in a corporate setting protects communications among employees and corporate counsel in order to obtain information not otherwise available to upper management, where the employee is communicating with an attorney at the direction of a superior in order to secure legal advice for ...
In addition to attorney-client privilege and conversations with medical professionals and religious officials, privileged communications include those between two spouses, accountant, and client, and, in some states, reporters and their sources.
All privileged material should be marked as such. For example, you could use the wording: "Privileged and confidential: prepared for the purpose of obtaining legal advice/prepared for the purpose of litigation or arbitration".